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1、 the beauty bias This page intentionally left blank The Beauty Bias . . . the injustice of appearance in life and law Deborah L. Rhode 1 2010 1 Oxford University Press, Inc., publishes works that further Oxford Universitys objective of excellence in research, scholarship, and education. Oxford New Y
2、ork Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offi ces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thai
3、land Turkey Ukraine Vietnam Copyright 2010 by Oxford University Press Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 Oxford is a registered trademark of Oxford University Press. All rights reserved. No part of this publication may be reproduced, stored in a r
4、etrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Rhode, Deborah L. The beauty bias : the injustice of appearance in
5、life and law / Deborah Rhode. p. cm. Includes bibliographical references and index. isbn 978-0-19-537287-8 1. WomenLegal status, laws, etc.United States. 2. Beauty, Personal United States. 3. WomenHealth and hygieneUnited States Sociological aspects. 4. Sex discrimination against women Law and legis
6、lationUnited States. I. Title. KF478.R48 2010 346.730134dc22 2009033283 1 3 5 7 9 8 6 4 2 Printed in the United States of America on acid-free paper preface ix acknowledgments xvii chapter 1: introduction 1 The Personal Becomes Political: The Trouble with Shoes, 3 The Costs and Consequences of Appea
7、rance, 5 Surveying the Foundations: Social, Biological, Economic, Technological, and Media Forces, 7 Feminist Challenges and Responses, 9 Appearance Discrimination: Social Wrongs and Legal Rights, 11 Legal Frameworks, 14 A Road Map for Reform, 19 chapter 2: the importance of appearance and the costs
8、 of conformity 23 Defi nitions of Attractiveness and Forms of Discrimination, 24 Interpersonal Relationships and Economic Opportunities, 26 Self-Esteem, Stigma, and Quality of Life, 28 Gender Differences, 30 The Price of Upkeep: Time and Money, 32 Health Risks, 35 Bias, 41 . . . Contents vi contents
9、 chapter 3: the pursuit of beauty 45 Sociobiological Foundations, 45 Cultural Values, Status, and Identity, 48 Market Forces, 49 Technology, 53 The Media, 54 Advertising, 65 The Culture of Beauty, 68 chapter 4: critics and their critics 69 Nineteenth- and Early-Twentieth-Century Critics, 71 The Cont
10、emporary Womens Movement, 73 Critiques, 74 Responses, 77 Personal Interests and Political Commitments, 80 Beyond the Impasse, 86 chapter 5: the injustice of discrimination 91 Ensuring Equal Opportunity: Challenging Stigma and Stereotypes, 93 Challenging Subordination Based on Class, Race, Ethnicity,
11、 Gender, Disability, and Sexual Orientation, 95 Protecting Self-Expression: Personal Liberty and Cultural Identity, 99 The Rationale for Discrimination and Resistance to Prohibitions, 101 The Parallel of Sexual Harassment, 114 The Contributions of Law, 115 chapter 6: legal frameworks 117 The Limitat
12、ions of Prevailing Legal Frameworks, 118 Prohibitions on Appearance Discrimination, 125 A Comparative Approach: European Responses to Appearance Discrimination, 137 The Contributions and Limitations of Legal Prohibitions on Appearance Discrimination, 139 Consumer Protection: Prohibitions on False an
13、d Fraudulent Marketing Practices, 141 Directions for Reform, 142 vii contents chapter 7: strategies for change 145 Defi ning the Goal, 146 Individuals, 148 Business asnd the Media, 151 Law and Policy, 154 notes, 163 index, 239 This page intentionally left blank Preface I have always had issues with
14、appearance, but seldom have I wanted to share them openly, let alone write a book about them. In this culture, some measure of anxiety is hard to avoid. Susan Brown- miller, one of feminisms founding mothers, identifi ed part of the problem: “Who said clothes make a statement? ” she asked. “What an
15、understatement that was. Clothes never shut up. They gabble on endlessly making their intentional and unintentional points.” The same is true of weight, hairstyle, makeup, and related choices. That creates problems for those of us who have no statement. Ive always wanted just to blend in, to remain
16、aesthetically unmemorable. Unlike other women, who seem embarrassed or affronted if they turn up in the same outfi t as someone else in the room, I have been greatly relieved. If some fashion faux pas has been committed, at least Im not alone. Imitation has always struck me as the safest strategy, but when I came to Stanford in 1979 as the second woman on a law faculty of thirty-six, my only female colleague had a style I clearly couldnt follow. She wore fl amboyant
